Contractual Obligations And Liabilities

Summary

Novation requires mutual agreement from all parties, while joint liabilities allow creditors to claim the full debt from any co-debtor. Courts interpret contracts only when necessary, and the agreement of parties forms the basis of contractual obligations. Set-off differs from other contract modifications. Surety contracts depend on a principal obligation. Courts handle contract variations and terminations. Unilateral cancellation is possible if obligations arent met after a grace period or default notice. Contracts can be invalidated if the object is undefined or a party becomes incapable.

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Which one of the following grounds of extinction of a contract necessarily requires which requirs theagreement of both contracting parties?A. Termination.B. Novation.C. Cancellation
Hello Dan,
Novation requires the agreement of both contracting parties. It involves replacing an old contract with a new one, which necessitates consent from all parties involved.
If you have any further questions or need more information, feel free to ask!
. Which one of the following statements is not true about joint and several liabilities ofco-debtors under the * Civil Code of Ethiopia?A. One of the co-debtors cannot validly refuse performance of the contract though thecreditor has the Uberty to proceed against the co-debtors.B. The creditor does have the right to claim the whole debt from one of the co-debtorsirrespective of the amount of share of the codebtors.C. If the consent of any of the co-debtors was vitiated by any vice of consent during theformation of the contract, any of the co-debtors can raise such defense against the creditor.D. All the co-debtors shall assume equal obligations towards the creditor where they fail todetermine their respective shares of obligations in the contract.E. A and C
Hello Dan,
The statement that is not true about joint and several liabilities of co-debtors under the * Civil Code of Ethiopia is:
C. If the consent of any of the co-debtors was vitiated by any vice of consent during the formation of the contract, any of the co-debtors can raise such defense against the creditor.
If you have further questions or need more clarity on this topic, feel free to ask!
a court may not make a contract to the parties under the guise of intrpretation " explain
Hello Dan,
A court may not make a contract to the parties under the guise of interpretation means that a court's role is to interpret the terms of an existing contract, not to create or modify the terms. The court ensures the contract is enforced as written, respecting the parties' original intentions.
Do you need more details or have another question about contract law?
Art.* (*) of the * Civil Code of Ethiopia stipulates that the court may not make acontract under the guise of interpretation [of the contract}. Which one of the followinginferences can validly be made from this legal provision?A. Ethiopian courts are prohibited to interpret contractual provisions even if theprovisions are vague, ambiguous or contradictory since it is the contracting parties whohave the power to determine the contents of the contract.B. Ethiopian courts are not prohibited from interpreting contracts where interpretation isgenuinely called for because" of ambiguity, vagueness or contradiction of contractualprovisions.C. Contracts should come from interpretation where the parties have not clearly definedtheir respective contractual rights and obligations.D. All.E. Band C.
Hello Dan,
The valid inference that can be made from Art. * (*) of the * Civil Code of Ethiopia is:
B. Ethiopian courts are not prohibited from interpreting contracts where interpretation is genuinely called for because of ambiguity, vagueness or contradiction of contractual provisions.
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The bedrock of every contractual obligation is .A. the decision of the governmentB. the agreement of the partiesC. the lawD. religious edictE. Moral obligation.
Hello Dan,
The bedrock of every contractual obligation is:
B. the agreement of the parties.
If you have more questions or need additional clarification, feel free to ask!
Which one of the following is different from the others?A. NovationB. TerminationC. Set-offD. MergerE. Variation
Hello Dan,
The option that is different from the others is:
C. Set-off
Set-off is a legal defense that allows a debtor to balance mutual debts with a creditor, whereas the other options (Novation, Termination, Merger, Variation) involve changes or ends to the terms of a contract.
If you have more questions or need further clarification, feel free to ask!
In Ethiopia, a contract of surety is an accessory obligation because:A. Of the presence of plurality of guarantors.B. It can be established without obtaining the consent of the guarantor and the creditor.C. It cannot be established in the absence of a principal legal or contractual obligation andit normally dies concomitant to the death of the principal obligation.D. It is an obligation imposed by the law to insure security of transactions with a view toenhance confidence of the contracting parties.
Hello Dan,
A contract of surety in Ethiopia is considered an accessory obligation because:
C. It cannot be established in the absence of a principal legal or contractual obligation and it normally dies concomitant to the death of the principal obligation.
If you have more questions or need further clarification, feel free to ask!
What roles do courts of law play in relation to contracts?A. Courts play some roles in the formation of contract where the parties fail to come toterms as to the final terms and conditions of the contract.B. Courts play some roles for the variation and novation of contracts.C. Courts do have the power to make contracts by positive interpretation of a contractcontaining vague terms and conditions.D. Courts play some roles with regard to variation, termination and set of contracts inaccor****ce with the relevant provisions of the Civil Code.E. Courts assist the intending contracting parties during the time of offer and acceptance. according ethiopian civil code
Hello Dan,
According to the Ethiopian Civil Code, the role of courts in relation to contracts includes:
- Courts play some roles with regard to variation, termination, and set of contracts in accor****ce with the relevant provisions of the Civil Code (D).
Would you like more specific information on any of these roles?
Unilateral cancellation of contracts by one party is possible where:A. A party in default fails to discharge his contractual obligation within a period of gracegranted to him by a court of law.B. The contract is a contract of diligence or a contract of result.C. The other contracting party dies or becomes insolvent before the due date of thecontract.D. There is an undue delay of the performance of the contract for whatever reason.E. The other party fails to discharge his obligation after a default notice
Hello Dan,
Unilateral cancellation of contracts by one party is possible in the following cases:
- A. A party in default fails to discharge his contractual obligation within a period of grace granted to him by a court of law.
- E. The other party fails to discharge his obligation after a default notice.
If you need further clarification or have more questions, feel free to ask!
nder the Civil Code of Ethiopia, a contract may be invalidated where:A. The object of the contract is not sufficiently defined.B. One or both of the contracting parties are below 25 years of age.C. One of the contracting pa11ies fails to perform the contract in accor****ce with theterms and conditions of the contract.D. One of the contracting parties becomes incapable after the formation of the contract.E. One of the contracting parties dies after the formation of the contract.
Hello Dan,
Under the Civil Code of Ethiopia, a contract may be invalidated where:
- A. The object of the contract is not sufficiently defined.
- D. One of the contracting parties becomes incapable after the formation of the contract.
If you need further clarification or have more questions, feel free to ask!